Publication Date

Summer 2010

Journal

American Bankruptcy Law Journal

Abstract

The article examines the implications of the Supreme Court's decision in United Student Aid Funds, Inc. v. Espinosa, which significantly impacts bankruptcy law by establishing that due process in bankruptcy reorganization cases is governed by the minimalist standard set forth in Mullane v. Central Hanover Bank & Trust Co. This ruling undermines the constitutional dimension of the Bankruptcy Rules, strengthens the finality of reorganization plans under res judicata, and affects the discharge of student loans without an adversary proceeding. The decision highlights the tension between due process rights of creditors and the finality of bankruptcy court rulings, while also reshaping the landscape for secured creditors and the discharge of student loans.

Volume

84

Issue

3

First Page

251

Last Page

296

Publisher

National Conference of Bankruptcy Judges (NCBJ)

Disciplines

Banking and Finance Law | Bankruptcy Law | Law

Download

Share

COinS